Toll Road's Snail's Pace Takes Its Toll

November 24, 1985|By Mike Royko, Chicago Tribune

Legal scholars won't agree, but I believe that the state of Illinois vs. Hans Morsbach will be a landmark case. You've never heard of Hans Morsbach or his crime? That's not surprising. Few have. But I consider the man a hero for trying to strike a blow against bubble-headed bureaucrats.

His story begins on a hot Saturday last August when Morsbach, 53, was driving with his wife and daughter from Chicago to Wisconsin for the weekend. When they got to the Illinois toll road, just beyond O'Hare Airport, he paid his toll. Then he suddenly found himself in a massive traffic jam. Because of repairs, the tollway quickly narrowed to only one lane.

The narrowing in itself was a mess. Cars cutting in on one another, swinging out onto the shoulders.

And when the single lane finally was formed, the cars crept along at a worm's pace.

The backup was so bad that it took an hour for him to move only a few miles.

What infuriated him most was that there had been no warning, no sign back there telling him that there was going to be a serious delay, which would have given him the opportunity to get off and take a different route.

As he inched along, Morsbach made a decision. He told his family. His daughter shook her head and said, ''Oh, really, Dad.'' His wife argued against it.

But Morsbach would not be deterred. When he reached the next tollbooth, he pulled up to the collector and said: ''It is nothing personal, but I am not going to pay the toll.'' He briefly explained that he had paid to ride a high- speed road, and hadn't received what he paid for.

He handed the toll collector his business card and drove through. The toll collector radioed the state police, and about 25 miles up the road, a trooper pulled him over. Morsbach accepted the ticket, posted $50 bond, and continued on his journey.

When his hearing date came up, he went to Geneva, Ill., and appeared in court. When his name was called, he stepped forward and said that he wanted to be tried by a jury.

In a few days, his trial will begin. Without a lawyer, he will try to convince a jury that if the toll-road authorities don't have the sense or courtesy to let people know that they will soon be in a traffic jam, they shouldn't ask for money.

His plan: ''I will tell the jury that the toll road isn't run the way it should be and that the authorities are totally inconsiderate about the citizens, the motorists. When you enter the toll road, they should have one of those flashing signs. It should say: 'Construction ahead, delays expected.' '' Although he is not going to use a lawyer, I think Morsbach has an excellent chance of winning. The key is in the selection of jurors.

All he has to do is make sure that everybody on the jury drives a car with some regularity.